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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JUSTICE MISCELLANEOUS (INDEPENDENT
REVIEW AMENDMENTS) BILL 2022
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ARCHIVES ACT 1983 AMENDED
3. Principal Act
4. Section 16A inserted
16A. Conditions relating to Independent Review records
5. Section 18 amended (Access to State archives)
PART 3 - RIGHT TO INFORMATION ACT 2009 AMENDED
6. Principal Act
7. Section 5 amended (Interpretation)
8. Section 6 amended (Exclusions of certain persons or bodies)
PART 4 - MISCELLANEOUS
9. Repeal of Act
[Bill 3]-VI
2
JUSTICE MISCELLANEOUS (INDEPENDENT
REVIEW AMENDMENTS) BILL 2022
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Acting Clerk of the House
3 March 2022
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Archives Act 1983 and the Right to
Information Act 2009
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice
Miscellaneous (Independent Review
Amendments) Act 2022.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 3] 3
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
s. 3 Part 2 - Archives Act 1983 Amended
PART 2 - ARCHIVES ACT 1983 AMENDED
3. Principal Act
In this Part, the Archives Act 1983* is referred to
as the Principal Act.
4. Section 16A inserted
After section 16 of the Principal Act, the
following section is inserted in Division 1:
16A. Conditions relating to Independent Review
records
(1) In this section -
Anti-Discrimination Commissioner
means the Anti-Discrimination
Commissioner appointed under
section 5 of the Anti-
Discrimination Act 1998;
came into existence, in relation to an
Independent Review record,
means the moment when the
record or information became an
Independent Review record;
Independent Review means the
Independent Review of
Parliamentary Workplace
_______________________________________________________________
*No. 76 of 1983
4
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
Part 2 - Archives Act 1983 Amended s. 4
practices and procedures to
support workplace culture
conducted by the Anti-
Discrimination Commissioner,
appointed as the Independent
Reviewer by the Premier on
27 July 2021;
Independent Review record means a
record or information, that is
given to, received by or brought
into existence by -
(a) the Independent Review;
or
(b) a person acting for, or on
behalf of, the Independent
Review -
for the purposes of the
Independent Review;
relevant person means a person
referred to in section 16(4).
(2) Despite section 15, if an Independent
Review record is deposited in the
Archives Office, that record is subject to
a condition that prohibits the State
Archivist from making the record
available for inspection by members of
the public until 75 years after the record
came into existence.
5
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
s. 4 Part 2 - Archives Act 1983 Amended
(3) For the avoidance of doubt,
subsection (2) -
(a) applies to an Independent Review
record whether the Independent
Review commenced before or
after this section commences; and
(b) applies only to an Independent
Review record and not to any
other iteration of the record, or
information, that -
(i) forms all, or part of, the
Independent Review
record; and
(ii) is held for a purpose other
than the Independent
Review.
(4) A relevant person must not -
(a) disclose or divulge any
information or matter contained
in an Independent Review record
while the record is subject to the
condition specified in
subsection (2); or
(b) make the Independent Review
record available for inspection in
contravention of the condition.
Penalty: Fine not exceeding 10 penalty
units.
6
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
Part 2 - Archives Act 1983 Amended s. 5
5. Section 18 amended (Access to State archives)
Section 18(1) of the Principal Act is amended by
inserting "or section 16A" after "(3)(a)".
7
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
s. 6 Part 3 - Right to Information Act 2009 Amended
PART 3 - RIGHT TO INFORMATION ACT 2009
AMENDED
6. Principal Act
In this Part, the Right to Information Act 2009*
is referred to as the Principal Act.
7. Section 5 amended (Interpretation)
Section 5(1) of the Principal Act is amended by
inserting after the definition of external party the
following definition:
Independent Review means the Independent
Review of Parliamentary Workplace
practices and procedures to support
workplace culture conducted by the Anti-
Discrimination Commissioner -
(a) in his or her capacity as the Anti-
Discrimination Commissioner
appointed under section 5 of the
Anti-Discrimination Act 1998;
and
(b) as appointed, as the Independent
Reviewer, by the Premier on
27 July 2021;
_______________________________________________________________
*No. 70 of 2009
8
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
Part 3 - Right to Information Act 2009 Amended s. 8
8. Section 6 amended (Exclusions of certain persons or
bodies)
Section 6 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) This Act does not apply to information
that -
(a) is in the possession of -
(i) the Independent Review;
or
(ii) a person acting for, or on
behalf of, the Independent
Review; and
(b) was given to, or received by or
brought into existence by, the
Independent Review, or a person
referred to in paragraph (a)(ii),
for the purposes of the
Independent Review.
(4) For the avoidance of doubt, an
application made under section 13 is void
if the application was made -
(a) in respect of information referred
to in subsection (3); and
(b) before the commencement of that
subsection.
9
Justice Miscellaneous (Independent Review Amendments) Act
2022
Act No. of 2022
s. 9 Part 4 - Miscellaneous
PART 4 - MISCELLANEOUS
9. Repeal of Act
This Act is repealed on the first anniversary of
the day on which this Act commenced.